Albury City Council v Gunton

Albury City Council sought to appeal against an Arbitrator’s decision that it was the last employer of Mr Gunton, and was therefore liable for a workers compensation claim. Mr Gunton had been employed by a number of employers in the ten years before his claim for compensation was lodged, and the Council argued that it was not the last employer who employed Mr Gunton in employment that was a substantial contributing factor to the aggravation of his disease. The respondent argued that the Council had failed to give reasons for its appeal and that this failure should result in the appeal being dismissed.

The court was required to determine whether the Council had correctly identified the last employer who was a substantial contributing factor to the aggravation of Mr Gunton’s disease, and whether the Council had failed to give reasons for its appeal. The court was also required to determine whether the failure to give reasons for the appeal should result in the appeal being dismissed.

The court found that the Council had failed to give reasons for its appeal, and that this failure was sufficient to dismiss the appeal. The court noted that the Council had not provided any reasons for its appeal beyond the bare assertion that it was not the last employer. The court also found that the Arbitrator’s determination that the Council was the last employer who employed Mr Gunton in employment that was a substantial contributing factor to the aggravation of his disease was correct. The court noted that the Council had not provided any evidence to rebut the Arbitrator’s finding, and that the Arbitrator had made a number of findings of fact that were open to him on the evidence before him.

The appeal was dismissed, and the Arbitrator’s determination was confirmed. The appellant employer was ordered to pay the respondent worker’s costs of the appeal, assessed at $2,200 plus GST.